Kelly v. Rosenstock
Court of Appeals of Maryland
Appeals from tibe Circuit Court for Baltimore County, in Equity. The hill of complaint in this case was filed hy Kelly and Martin, for the enforcement of a mechanics’ lien claim against certain houses and lots of ground in Baltimore County, fronting on Boundary or North Avenue.
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Appeals from tibe Circuit Court for Baltimore County, in Equity. The hill of complaint in this case was filed hy Kelly and Martin, for the enforcement of a mechanics’ lien claim against certain houses and lots of ground in Baltimore County, fronting on Boundary or North Avenue. The Court (Grason, J.,) passed a decree dismissing the hill, and from this decree the complainants appealed, as did also Kugler and Burns, parties defendants, who were also lien claimants, and were purchasers of a portion of the property sold.under a mortgage. The case is further stated in the opinion of the Court.
1Opinion of the CourtMiller, J.
The appellees, Rosenstock and Stein, being owners in fee of certain lots situated in Baltimore County, fronting on Boundary or North Avenue, leased the same to one Caskey for ninety-nine years, renewable for ever. At the same time Caskey mortgaged his interest in them to the said Rosenstock and Stein, to secúre advances to the amount of $32,000, for the erection of houses on the lots. These two instruments, the lease and mortgage, were executed, delivered, and recorded on the same day, the 6th of August, 1872, and constituted one concurrent transaction. After the houses had been built, the…
2Cases cited2 opinions
- Brooks v. LesterCourt of Appeals of Maryland · 1872
- Jean v. WilsonCourt of Appeals of Maryland · 1873
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- Prince George's County v. Sunrise Development Ltd. PartnershipCourt of Appeals of Maryland · 1993
- Rupp v. Earl H. Cline & Sons, Inc.Court of Appeals of Maryland · 1963
- Kansas Mortgage Co. v. WeyerhaeuserSupreme Court of Kansas · 1892
- Pemberton v. Montgomery CountyCourt of Appeals of Maryland · 1975
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